ORDINANCE NO. 2008-0390 AN ORDINANCE OF THE CITY OF NEWCASTLE, WASHINGTON, DECLARING PUBLIC USE AND NECESSITY RELATED TO REAL PROPERTY TO BE CONDEMNED AS REQUIRED FOR A MUNICIPAL PROJECT KNOWN AS THE NEWCASTLE TRANSIT CENTER PROJECT WITHIN THE CITY OF NEWCASTLE, DIRECTING STAFF TO EXHAUST ALL REASONABLE NEGOTIATION EFFORTS TO PURCHASE PROPERTY NECESSARY FOR THE PROJECT, FOR JUST COMPENSATION TO BE PAID FROM CAPITAL INVESTMENT FUND NUMBER T- 007; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Newcastle Way is an arterial street running through downtown Newcastle: and WHEREAS, the project proposes improving Newcastle Way with bicycle lanes, wider sidewalks with landscaping, bus shelters, pedestrian lighting, and undergrounding of utilities; and WHEREAS, the City Council has previously authorized the City Manger to proceed with right-of-way acquisition for Newcastle Transit Center improvements; and WHEREAS, certain land and properties along Newcastle Way between 12gm Ave SE and 132"~ PI SE must be acquired in order to provide the necessary right-of-way for construction of the project; and WHEREAS, efforts are now on-going to acquire the properties necessary for this public use by negotiation and agreement; and WHEREAS, in the event that negotiated acquisition is not fully successful in advance of the anticipated commencement of construction, it is essential that the City be prepared to initiate condemnation proceedings; and WHEREAS, payment of just compensation and costs of litigation shall be made from Capital Investment Fund project number T-007; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWCASTLE ORDAINS AS FOLLOWS: Section 1. Acquisition. Acquisition of the properties generally located on the attached drawings and legally described in "Attachment A which are incorporated herein by this reference, are necessary for the public use of the City's
street improvement project for Newcastle Way, located in the City of Newcastle, Washington. Section 2. Authorization. The City Manager and the City Attorney are hereby authorized to commence condemnation proceedings for the properties identified in Section 1 of this Ordinance, pursuant to law. Section 3. Com~ensation. Compensation to be paid to the owners of the property identified in Section 1 of this Ordinance and costs of litigation shall be paid from Capital Investment Fund project number T-007. Section 4. Severabilitv. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. Section 5. Effective Date. This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. ADOPTED BY THE CITY COUNCIL at its Special meeting on Tuesday, July 22, 2008. A ATTEST: &leh.t,fl. &a k~ Robert H. Baker, CMC, City Clerk!& Ben Varon, Mayor AS TO FORM: Filed with City Clerk: 06-19-2008 Adopted by Council 07-22-2008 Date of Publication: 07-25-2008 Effective Date: 07-30-2008
EXHIBIT A (Sheet 1 of 2) Parcel 4 TEMPORARY CONSTRUCTION EASEMENT-TAX ID NO. 2824059118 Proceeding from the East Quarter corner of Section 28, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington, Thence S 01" 20' 16" W along the East line of the Southeast Quarter of said Section 28 a distance of 266.93 feet to Southerly margin of Newcastle Way, Thence Westerly along said Southerly margin of Newcastle Way along a nontangent curve to the right that is concave to the North with a radius of 1465.27 feet that bears N 04" 40' 47" E to its center; Thence along the arc of said curve through a central angle of 00" 21' 00" a distance of 8.95 feet to The True Point of Beginning; Thence Easterly along the Southerly margin of Newcastle Way along a curve to the left that is concave to the North with a radius of 1465.27 that bears N 5" 01' 47" E to its center; Thence along the arc of said curve through a central angle of 00" 58' 35" a distance of 24.97 feet; Thence S 01" 04' 10" W a distance of 8.85 feet; Thence N 88" 21' 36" W a distance of 16.04 feet to the East line of the Southeast quarter of said Section 28; Thence along said East line S 01" 20' 16" W a distance of 13.04 feet; Thence along a nontangent curve to the right that is concave to the North with a radius of 1487.87 feet that bears N 04" 37' 4 4 E to its center; Thence along the arc of said curve through a central angle of 01 55' 47" a distance of 50.1 1 feet; Thence N 39" 15' 13" W a distance of 12.1 3 feet; Thence along a nontangent curve to the right that is concave to the North with a radius of 1350.00 feet that bears N 04" 26' 13" E to its center; Thence along the arc of said curve through a central angle of 01" 38' 02" a distance of 38.50 feet; Thence N 79" 44' 36" W a distance of 46.39 feet; Thence N 79" 52' 40" W a distance of 63.30 feet; Thence S 51" 44' 22" W a distance of 11.31 feet; Thence S 26" 18' 31" E a distance of 19.52 feet; Thence S 63" 41' 28" W a distance of 9.37 feet to the Easterly margin of Coal Creek Parkway; Thence along said Easterly margin N 26" 16' 09" W a distance of 25.96 feet to the beginning of tangential curve to the right having a radius of 15.00 feet; Thence along the arc of said curve through a central angle of 06" 59' 44" a distance of 1.83 feet;
EXHIBIT A (Sheet 2 of 2) Parcel 4 TEMPORARY CONSTRUCTION EASEMENT-TAX ID NO. 2824059118 Thence N 51" 44' 21" E a distance of 25.81 feet, Thence S 79" 49' 17" E a distance of 102.07 feet to the beginning of a tangential curve to the left with a radius of 1344.00; Thence along the arc of said curve through a central angle of 00" 26' 55" a distance of 10.52 feet; Thence along a nontangent curve that is concave to the North with a radius of 1338.00 feet that bears N 06" 01' 36" E to its center; Thence along the arc of said curve through a central angle of 03" 39' 31" a distance of 85.44 feet to the Southerly margin of Newcastle Way and The True Point of Beginning. Containing 3558 square feet, more or less. All situate in the Northeast Quarter of the Southeast Quarter of Section 28, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington. L:\PROJECTS CURRENT\358892 - NEWCASTLE TRANSIT\ROW\Parcel#4-TCE-2824059118-Newcastle Transit Station.doc
EXHIBIT A (Sheet 1 of 2) PARCEL 4 RIGHT-OF-WAY ACQUISITION-TAX ID NO. 28240591 18 Proceeding from the East Quarter corner of Section 28, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington, Thence S 01" 20' 16" W along the East line of the Southeast Quarter of said Section 28 a distance of 266.93 feet to Southerly margin of Newcastle Way, Thence Westerly along said Southerly margin of Newcastle Way along a curve to the right that is concave to the North with a radius of 1465.27 feet that bears N 04" 40' 47" E to its center, Thence along the arc of said curve through a central angle of 00" 21' 00" a distance of 8.95 feet to The True Point of Beginning, Thence continuing Westerly along said Southerly margin of Newcastle Way along a curve to the right with a radius of 1465.27 feet that bears N 05" 01' 47" E to its center, Thence along the arc of said curve through a central angle of 05" 08' 58" a distance of 131.69 feet, Thence continuing Westerly along said Southerly margin N 79" 49' 15" W a distance of 70.09 feet, Thence continuing along said Southerly margin of Newcastle Way and the Easterly margin of Coal Creek Parkway SE along a curve to the left with a radius of 15.00 feet that bears S 10" 10' 44". W to its center, Thence along the arc of said curve through a central angle of 119" 27' 10" a distance of 31.27 feet, Thence N 51" 44' 21" E a distance of 25.81 feet, Thence S 79" 49' 17" E a distance of 102.07 feet, Thence along a curve to the left with a radius of 1344.00 feet that bears N 10" 10' 43" E to its center, Thence along the arc of said curve through a central angle of 00" 26' 5 5 a distance of 10.52 feet, Thence along a nontangent curve that is concave to the North with a radius of 1338.00 feet that bears N 06" 01' 36" E to its center, Thence along the arc of said curve through a central angle of 03" 39' 31" a distance of 85.44 feet to the Southerly margin of Newcastle Way and The True Point of Beginning. Containing 727 square feet, more or less.
EXHIBIT A (Sheet 2 of 2) PARCEL 4 RIGHT-OF-WAY ACQUISITION-TAX ID NO. 2824059118 All situate in the Northeast Quarter of the Southeast Quarter of Section 28, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington. L:\PROJECTS CURRENn358892 - NEWCASTLE TRANSIT\ROW\Parcel W2824059118-Newcastle Transit Station.doc
CONSTRUCTION EASEMENT 3558 SF MIL 01- R=1465.27'; A=05"08'58"; L=131.69' 02- N 79'49'15" W; L=70.09' 03- R=l5.OD'; A=1 19'27'10"; L31.27' 04- N 51'44'21" E; L=25.81' THE EAST LINE 05- S 79'49'15" E; L=102.07' OF THE SE%, SEC 28 06- R=1344.00'; A=OO026'55"; L=10.52' 07- R=1338.00'; A=03"39'31"; L=85.44' 08- ~=1465.2r; ~=00"21~00"; ~=8.95' 09- S 01'20'16" W; L=266.93' PARCEL 04 TAX LOT 28240591 18 NTS CITY OF NEWCASTLE PREPARED BY: EBS DATE: a0717 MECKED BY'RDC DATE: WOB0717 NEWCASTLE TRANSIT CENTER crevised BY' ROC DATE: H 20080717 2 M H I L L
EXHIBIT A PARCEL 8 TEMPORARY CONSTRUCTION EASEMENT-TAX ID NO. 2724059070 Proceeding from the West Quarter corner of Section 27, Township 24 North, Range 5 East, W. M., City of Newcastle, King County, Washington State, Thence S 01" 20" 16" W along the West line of the Southwest Quarter of said Section 27 a distance of 186.36 feet and The True Point of Beginning and the beginning of a nontangent curve that is concave to the North with a radius of 1258.00 feet that bears N 05" 58' 1 8 E to its center; Thence along the arc of said curve through a central angle of 04" 11' 12" a distance of 91.92 feet; Thence S 88" 28' 35" E a distance of 59.30 feet; Thence N 57" 25' 56" E a distance of 13.78 feet; Thence N 01" 43' 11" E a distance of 33.37 feet; Thence N 60" 10' 24" W a distance of 13.05 feet; Thence N 88" 29' 25" W a distance of 20.98 feet; Thence S 49" 18' 30" W a distance of 46.63 feet; Thence N 88" 30' 59" W a distance of 33.55 feet; Thence N 20" 08' 57" W a distance of 18.46 feet to the beginning of a nontangent curve that is concave to the North with a radius of 1353.44 feet that bears N 02" 36' 3 5 E to its center; Thence along the arc of said curve through a central angle of 01" 46' 39" a distance of 41.99 feet; Thence S 33" 37' 06" W a distance of 25.11 feet to the West line of the Southwest Quarter of said Section 27; Thence S 01" 20' 16" W along said West line a distance of 9.47 feet to The True Point of Beginning. Containing 4856 square feet, more or less. All situate in the Northwest Quarter of the Southwest Quarter of Section 27, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington. L:\PROJECTS CURRENn358892 - NEWCASTLE TRANSInROW\Parcel#8TCE-2724059070-Newcastle Transit Station.doc
EXHIBIT A PARCEL 8 RIGHT-OF-WAY ACQUISITION-TAX ID NO. 2724059070 Proceeding from the West Quarter comer of Section 27, Township 24 North, Range 5 East, W. M., City of Newcastle, King County, Washington State, Thence S 01" 20 16 W along the West line of the Southwest Quarter of said Section 27 a distance of 197.21 feet to the Northerly margin of Newcastle Way and The True Point of Beginning, Thence proceeding along said Northerly margin of Newcastle Way S 88" 29' 46" E a distance of 140.71 feet to the Westerly margin of 1 32nd Place SE, Thence proceeding along said Westerly margin N 57" 25' 56" E a distance of 12.54 feet, Thence N 88" 28' 35 W a distance of 59.30 feet, Thence along a nontangent curve that is concave to the North with a radius of 1258.00 feet that bears N 01" 47' 06" E to its center, Thence along the arc of said curve through a central angle of 04" 11' 12" a distance of 91.92 feet, more or less, to the West line of the Southwest Quarter of said Section 27, Thence along said West line of said Southwest Quarter S 01" 20' 16" W a distance of 10.85 feet to the Northerly margin of Newcastle Way and The True Point of Beginning. Containing 11 51 square feet, more or less. All situate in the Northwest Quarter of the Southwest Quarter of Section 27, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington. L:\PROJECTS CURRENn358892 - NEWCASTLE TRANSIT\ROW\Parcel#&2724059070-Newcastle Transit Station.doc
I N W ~ SW%,, SEC 27, WP 24N, RGE 5E, W.M. W CORNER SECTION 27 PARCEL 08 TAX LOT 2724059070 TEMPORARY CONSTRUCTION NTS vvvvv~vvv".. - - _ 03- N 88"28'35" W; L=59.30' 04- R=1258.00 A=04"11'12"; L=91.92' 05-5 Ol"20'16" W; L=10.85' 06-5 01'20'16" W; L=186.36' --- Q - - ----_ N E G ~ - ~ L- ~ -- -- -. / - ~ ~ ~ - -- 132ND PLACE SE P', %' PREPARED W EBS DATE: M080717 CHECKED BX ROC DATE: 20080717 REVISED BY: ROC DATE: XH)B0717 CITY OF NEWCASTLE NEWCASTLE TRANSIT CENTER CHZMHILL
EXHIBIT A PARCEL 9 TEMPORARY CONSTRUCTION EASEMENT-TAX ID NO. 2724059069 Proceeding from the West Quarter comer of Section 27, Township 24 North, Range 5 East, W. M., City of Newcastle, King County, Washington State, Thence S 01" 20" 16" W along the West line of the Southwest Quarter of said Section 27 a distance of 197.21 feet to the Northerly margin of Newcastle Way; Thence proceeding along said Northerly margin of Newcastle Way S 88" 29' 46" E a distance of 140.71 feet to the Westerly margin of 132"~ Place SE; Thence proceeding along said Westerly margin N 57" 25' 56" E a distance of 26.32 feet to The True Point of Beginning; Thence continuing along said Westerly margin N 57" 25' 56" E a distance of 9.36 feet; Thence N 01" 30' 34" E a distance of 23.66 feet; Thence N 58" 09' 40" W a distance of 8.84 feet; Thence S 01" 43' 11" W a distance of 33.37 feet to The True Point of Beginning. Containing 219 square feet, more or less. All situate in the Northwest Quarter of the Southwest Quarter of Section 27, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington. L:\PROJECTS CURRENn358892 - NEWCASTLE TRANSInROW\Parcel#9TCE-2724059069-Newcastle Transit Slation.doc
NW%, S W ~ SEC, 27, TWP 24N, RGE 5E, W.M. 01- S Ol"20'16 W; L=197.21' 02- S 88"29'46" E; L=140.7Iv 03- N 5725'56" E; L=26.32" PARCEL 9 NTS /,' w % CORNER SECTION 27 EASEMENT FOR INGRESS, EGRESS & EASEMENT FIRE PROTECTION, 219 SF MIL ', WE T LINE OF THE SW % 4, SEC 27 @ @I $ // / - Q- i - - L.. NEWCASTLE WA y /,' / /' - -- - - -- -- PREPARED BY: EBS CHECKED BY: ROC REVISED BY:ROC CAW. 20M10717 DAT5 ZW80717 DAT~ mu80717 CITY OF NEWCASTLE NEWCASTLE TRANSIT CENTER CH2MHlLL
EXHIBIT A (Sheet 1 of 2) PARCEL 11 TEMPORARY CONSTRUCTION EASEMENT-TAX ID NO. 2824059052 Proceeding from the East Quarter Corner of Section 28, Township 24 North, Range 5 East, W. M., King County, Washington State, Thence S 01" 20' 16" W along the East line of the Southeast Quarter of said Section 28 a distance of 186.36 feet to Northerly margin of Newcastle Way and The True Point of Beginning; Thence along said East line of said Southwest Quarter N 01" 20' 16" E a distance of 42.22 feet; Thence along a nontangent curve to the right that is concave to the North with a radius of 1342.72 feet that bears N 04" 59' 06" E to its center; Thence along the arc of said curve through a central angle of 01" 29' 03" a distance of 34.78 feet; Thence S 19" 50' 34" W a distance of 31.86 feet; Thence N 79" 49' 15" W a distance of 16.61 feet; Thence N 20" 02' 47" W a distance of 14.27 feet to the beginning of a nontangent curve to the right that is concave to the North with a radius of 1360.21 feet that bears N 07" 44' 46" E to its center; Thence along the arc of said curve through a central angle of 01" 53' 3 8 a distance of 44.96 feet to the Westerly line of Lot I, King county Short Plat Number 781042 as recorded under Recording Number 8202160617, records of King County, Washington State; Thence along said Westerly line S 01" 20' 16" W a distance of 21.42 feet to the Northerly margin of Newcastle Way; Thence along said Northerly margin S 79" 49' 15" E a distance of 69.81 feet to the beginning of a tangential curve to the left having a radius of 1258.00 feet that bears N 07" 53' 38" E to its center; Thence continuing along said Northerly margin along the arc of said curve through a central angle of 01" 55' 22" a distance of 42.22 feet and The True Point of Beginning.
EXHIBIT A (Sheet 2 of 2) PARCEL 1 1 TEMPORARY CONSTRUCTION EASEMENT-TAX ID NO. 2824059052 Containing 2942 square feet, more or less. All situate in the Southeast Quarter of Section 28, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington. L:\PROJECTS CURRENn358892 - NEWCASTLE TRANSI~ROW\Parcel#IlTCE-2824059052-Newcastle Transit Sbtian.doc
EXHIBIT A PARCEL 11 RIGHT-OF-WAY ACQUISITION-TAX ID NO. 2824059052 Proceeding from the East Quarter Comer of Section 28, Township 24 North, Range 5 East, W. M., King County, Washington State, Thence S 01" 20' 1 6 W along the East line of the Southeast Quarter of said Section 28 a distance of 186.36 feet to The True Point of Beginning, Thence continuing along said East line of said Southwest Quarter S 01" 20' 1 6 W a distance of 2.42 feet to the Northerly margin of Newcastle Way, Thence N 79" 49' 15" W along said Northerly margin a distance of 42.52 feet, Thence along the arc of a nontangent curve that is concave to the Northeast with a radius of 1258.00 feet that bears N 07" 53' 4 0 E to its center, Thence along the arc of said curve through a central angle of 01" 55' 22" a distance of 42.22 feet to the East line of said Southeast Quarter and The True Point of Beginning. Containing 46 square feet, more or less. All situate in the Southeast Quarter of Section 28, Township 24 North, Range 5 East, W.M., City of Newcastle, King County, State of Washington. L:\PROJECTS CURRENn358892 - NEWCASTLE TRANSIT\ROW\Parcel #ll-2824059052-newcastle Transit SLation.doc
NE %, SE %, SEC 28, W P 24N, RGE 5E, W.M. E % CORNER PARCEL 1 1 b------ 34.78' SECTION 28 TAX LOT 2824059052 K4 -t N' 1 NTS 01- N Ol"20'16" E; L=186.36' 02- S 01 "20'1 6" W; L=2.42' 03- N 79"49'15" W. L=42.52' 04- R=1258 A=0lo55'22"; L=42.22' - --- -- - --A PREPARED BY: E8S DATE: 23080717 CHECKED BYRM: DATE 2W807IT REVISED BYROC DATE: m 7 1 l TEMPORARY CONSTRUCTION EASEMENT 2942 SF MIL -- - ---- - -_ - NEWCASTLE WA CITY OF NEWCASTLE NEWCASTLE TRANSIT CENTER -_ -- -. --Q- - CHZMHILL